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OKLAHOMA STATUTES AND CODES

Title 41. Landlord and Tenant

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§411.Who deemed tenant at will. Any person in the possession of real property, with the assent of the owner, is presumed to be a tenant at will, unless the contrary is shown, except as herein otherwise provided. R.L. 1910, § 3783.§41-2.Tenant holding over as tenant at will - Expiration of unwritten contract. When premises are let for one or more years, and the tenant, with the assent of the landlord, continues to occupy the premises after the expiration of the term, such tenant shall be deemed to be a tenant at will; provided, that no lease or rental contract of premises shall be continued, unless the original contract was in writing, and all other lease or contracts shall expire by limitation with the calendar year, without notice. R.L. 1910, § 3784; Laws 1910-11, c. 64, p. 146, § 1.§413.Tenant holds from one period to another, when. When rent is reserved, payable at intervals of three (3) months or less, the tenant shall be deemed to hold from one period to another, equal to the intervals between the days of payment, unless there is an express contract to the contrary. R.L. 1910, § 3785.§414.Time of notice to terminate tenancy. Thirty (30) days' notice in writing is necessary to be given by either party before he can terminate a tenancy at will, or from one period to another, of three (3) months or less; but where in any case rent is reserved, payable at intervals of less than thirty (30) days, the length of notice need not be greater than such interval between the days of payment. R.L. 1910, § 3786.§415.Termination of tenancy from year to year. All tenancies from year to year, may be determined by at least three (3) months' notice, in writing, given to the tenant prior to the expiration of the year. R.L. 1910, § 3787.§416.Notice to quit where rent not paid. If a tenant, for a period of three (3) months or longer, neglect or refuse to pay rent when due, ten (10) days' notice in writing to quit, shall determine the lease, unless such rent be paid before the expiration of said ten (10) days. R.L. 1910, § 3789.§417.Notice when rent not paid under tenancy for less than three (3) months. If a tenant, for a period of less than three (3) months, shall neglect or refuse to pay rent when due, five (5) days' notice, in writing, to quit, shall determine the lease, unless such rent be paid before the expiration of said five (5) days. R.L. 1910, § 3790.§418.Notice to quit not required, when. When the time for the termination of a tenancy is specified in the contract, or where a tenant at will commits waste, or in the case of a tenant by sufferance, and in any case where the relation of landlord and tenant does not exist, no notice to quit shall be necessary. R.L. 1910, § 3791.§419.Service of noticeTermination of tenancy. The notice to terminate the tenancy required in this chapter may be served on the tenant, or, if he cannot be found, by delivering the same to some person over the age of twelve (12) years, residing on the premises, having first made known to such person the contents thereof; or, if service cannot be made by the use of reasonable diligence on the tenant or on any person over the age of twelve (12) years residing on the premises, the same may be served by posting said notice at some conspicuous place on the building on said premises and if there be no buildings on said premises then said notice shall be posted at some conspicuous place on said premises and if said notice is posted, a copy of said notice shall be mailed to the tenant at his last-known address by registered mail and such notice shall operate to terminate the tenancy at the end of the period after the date of such posting and mailing that it would have been terminated by personal service of such notice on the date of such posting and mailing; provided, that in no event shall such posting and mailing terminate any tenancy within a period of less than ten (10) days from the date of such posting and mailing. R.L. 1910, § 3792; Laws 1941, p. 169, § 1.§4110.Tenant may not assign, when. No tenant for a term not exceeding two (2) years, or at will, or by sufferance, shall assign or transfer his term or interest, or any part thereof, to another, without the written assent of the landlord or person holding under him. R.L. 1910, § 3793.§4111.Landlord may reenter after unauthorized assignment. If any tenant shall violate the provisions of the preceding section, the landlord, or person holding under him, after giving ten (10) days' notice to quit possession, shall have a right to reenter the premises and take possession thereof, and dispossess the tenant, subtenant or undertenant. R.L. 1910, § 3794.§4112.Attornment unnecessary to conveyance. A conveyance of real estate, or of any interest therein, by landlord, shall be valid without the attornment of the tenant; but the payment of rent by the tenant to the grantor, at any time before notice of sale, given to said tenant, shall be good against the grantee. R.L. 1910, § 3795.§4113.Attornment to stranger void. The attornment of a tenant to a stranger shall be void, and shall not affect the possession of his landlord unless it be made with the consent of the landlord, or pursuant to a judgment at law, or the order or decree of a court. R.L. 1910, § 3796.§4114.Rights of sublessees. Sublessees shall have the same remedy upon the original covenant against the principal landlord, as they might have had against their immediate lessor. R.L. 1910, § 3797.§4115.Rights of alienees of lessors and lessees. Alienees of lessors and lessees of land shall have the same legal remedies in relation to such lands as their principal. R.L. 1910, § 3798.§4116.Rents from life grants. Rents from lands granted for life or lives may be recovered as other rents. R.L. 1910, § 3799.§4117.Recovery of arrears of rent from life grants after death. A person entitled to rents dependent on the life of another, may recover arrears unpaid at the death of that other. R.L. 1910, § 3800.§4118.Rights and liabilities of executors and administrators. Executors and administrators shall have the same remedies to recover rents, and be subject to the same liabilities to pay them, as their testators and intestates. R.L. 1910, § 3801.§4119.Occupants without contract liable for rent. The occupant of any lands, without special contract shall be liable for the rent to any person entitled thereto. R.L. 1910, § 3802.§4120.Contribution by joint tenants. If a joint tenant, or tenant in common, or tenant in coparcenary, have, by consent, management of the estate, and make repairs and improvements with the knowledge, and without objection, of his cotenant or coparcener, such cotenant or coparcener shall contribute ratably thereto. R.L. 1910, § 3803.§4121.Joint tenant may recover his share of rents. A joint tenant, or tenant in common, or tenant in coparcenary, may maintain an action against his cotenant or coparcener, or their personal representatives, for receiving more than his just proportion of the rents and profits. R.L. 1910, § 3804.§4122.Recovery for waste or trespass by remainderman. A person seized of an estate in remainder or reversion may maintain an action for waste or trespass, for injury to the inheritance, notwithstanding an intervening estate for life or years. R.L. 1910, § 3805.§4123.Farm rent lien on crop. Any rent due for farming land shall be a lien on the crop growing or made on the premises.Such lien may be enforced by action and attachment therein, as hereinafter provided. R.L. 1910, § 3806.§4124.Crop rent. When any such rent is payable in a share or certain proportion of the crop, the lessor shall be deemed the owner of such share or proportion, and may, if the tenant refuse to deliver him such share or proportion, enter upon the land and take possession of the same, or obtain possession thereof by action of replevin. R.L. 1910, § 3807.§41-25.Repealed by Laws 2002, c. 460, § 46, eff. Nov. 1, 2002. §4126.Purchaser of crop with notice liable for rent. The person entitled to rent may recover from the purchaser of the crop, or any part thereof, with notice of the lien, the value of the crop purchased, to the extent of the rent due and damages. R.L. 1910, § 3808.§4127.Landlord may have attachment, when. When any person who shall be liable to pay rent (whether the same be due or not, if it be due within one (1) year thereafter, and whether the same be payable in money or other things), intends to remove, or is removing, or has, within thirty (30) days, removed, his property, or his crops, or any part thereof, from the leased premises, the person to whom the rent is owing may commence an action, and upon making an affidavit stating the amount of rent for which such person is liable, and one or more of the above facts, and executing an undertaking as in other cases, an attachment shall issue in the same manner and with the like effect as is provided by law in other actions. R.L. 1910, § 3809.§4128.Attachment for rent lien on crops. In an action to enforce a lien on crops for rent of farming lands, the affidavit for attachment shall state that there is due from the defendant to the plaintiff a certain sum, naming it, for rent of farming lands, describing the same, and that the plaintiff claims a lien on the crop made on such land.Upon making and filing such affidavit and executing an undertaking as prescribed in the preceding section, an order of attachment shall issue as in other cases, and shall be levied on such crop, or so much thereof as may be necessary; and all other proceedings in such attachment shall be the same as in other actions. R.L. 1910, § 3810.§41-29.Repealed by Laws 1970, c. 107, § 1, emerg. eff. April 1, 1970. §4130.Taxation of improvements. All improvements put on leased lands, that do not become a part of the realty, shall be assessed to the owner of such improvements as personal property; and the taxes imposed on such improvements shall be collected by levy and sale of the interest of such owner, the same as in all other cases of the collection of taxes on personal property. R.L. 1910, § 3812.§41-31.Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §41-32.Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §4133.Lease presumed to be for one year. A lease of real property, other than lodgings, in places where there is no usage on the subject, is presumed to be for one (1) year from its commencement, unless otherwise expressed in the lease. R.L. 1910, § 3815.§41-34.Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §4135.Continued possession renews the lease, when. If a lessee of real property remains in possession thereof, after the expiration of the lease and the lessor accepts rent from him, the parties are presumed to have renewed the lease on the same terms and for the same time, not exceeding one (1) year. R.L. 1910, § 3817.§4136.Renewal of lease presumed unless notice of termination given. A lease of real property, for a term not specified by the parties, is deemed to be renewed, as stated in the last section, at the end of the term implied by law, unless one of the parties gives notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the lease itself, not exceeding one (1) month. R.L. 1910, § 3818.§4137.Rent payable, when. When there is no contract or usage to the contrary, the rent of agricultural and wild land is payable yearly at the end of each year. Rents of lodgings are payable monthly at the end of each month. Other rents are payable quarterly at the end of each quarter from the time the hiring takes effect.The rent for shorter period than the periods herein specified is payable at the termination of such period. R.L. 1910, § 3819.§4138.Duty of tenant in case of proceedings. Every tenant who receives notice of any proceeding to recover the real property occupied by him or the possession thereof must immediately inform his landlord of the same, and also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages which said landlord may sustain by reason of any omission to inform him of the notice, or to deliver it to him if in writing. R.L. 1910, § 3820.§41-39.Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §4140.Forfeiture of leaseRelease from recordPenalty. When any lease on land heretofore or hereafter taken shall have become forfeited, it shall be the duty of the lessee, his, her, or their heirs, successors, assigns or legal representatives, within sixty (60) days from the date this act shall take effect, if such forfeiture occurs prior thereto, and within sixty (60) days from date of forfeiture of any and all other leases, to have such leases released from record in the county where such land is situated, without cost to the owner or owners thereof; and upon failure to make such release, the owner or owners of the land under lease may notify in writing the holder of the record title to such lease, that the same has become forfeited and demand a release of record of such lease, as herein provided; and if the owner or holder of such lease, or the officer, agent, or other persons whose duty it is to release such lease, shall fail or neglect to release same within thirty (30) days after demand to release has been made in writing, he shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding One Hundred Dollars ($100.00). Laws 1915, c. 248, § 1.§41-41.Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §41-42.Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §41-43.Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. §4151.Abandonment or surrender of nonresidential rental propertyDefinitions. As used in this act: 1."Landlord" means the owner, lessor or sublessor of a nonresidential rental property, but does not mean an “owner” as defined by Section 192 of Title 42 of the Oklahoma Statutes; 2.“Nonresidential rental property” means any land or building which is rented or leased to a tenant for other than residential purposes and the rental agreement of which is not regulated under the provisions of the Oklahoma Residential Landlord and Tenant Act, Section 101 et seq. of Title 41 of the Oklahoma Statutes or the Self-Service Storage Facility Lien Act, Section 191 et seq. of Title 42 of the Oklahoma Statutes; and 3."Tenant" means any person entitled under a rental agreement to occupy the nonresidential rental property. Added by Laws 1988, c. 138, § 1, eff. Nov. 1, 1988.Amended by Laws 1999, c. 212, § 1, eff. Nov. 1, 1999.§4152.Abandonment or surrender of nonresidential rental propertyDisposition of personal property of tenantNoticeStorage costsLiability of landlordApplication of proceeds of sale. A.If a tenant abandons, surrenders possession of, or is evicted from nonresidential rental property and leaves goods, furnishings, fixtures, or any other personal property on the premises of the nonresidential rental property, the landlord may take possession of the personal property ten (10) days after the tenant receives personal service of notice or fifteen (15) days after notice is mailed, whichever is latest, and if the personal property has no ascertainable or apparent value, the landlord may dispose of the personal property in a reasonable commercial manner.In any such case, the landlord has the option of complying with the provisions of subsection B of this section. B.If the tenant abandons, surrenders possession of, or is evicted from the nonresidential rental property and leaves goods, furnishings, fixtures, or any other personal property of an ascertainable or apparent value on the premises of the nonresidential rental property, the landlord may take possession of the personal property and give notice to the tenant, demanding that the personal property be removed within the dates set out in the notice but not less than fifteen (15) days after delivery or mailing of such notice, and that if the personal property is not removed within the time specified in the notice, the landlord may sell the personal property at a public sale.The landlord may dispose of perishable commodities in any manner the landlord considers fit.Payment by the tenant of all outstanding rent, damages, storage fees, court costs and attorneys' fees shall be a prerequisite to the return of the personal property.For purposes of this section, notice sent by registered or certified mail to the tenant's lastknown address with forwarding requested shall be deemed sufficient notice. C.After notice is given as provided in subsection B of this section, the landlord shall store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care of the personal property.The landlord shall not be responsible to the tenant for any loss not caused by the landlord's deliberate or negligent act.The landlord may elect to store the personal property on the premises of the nonresidential rental property that was abandoned or surrendered by the tenant or from which the tenant was evicted, in which event the storage cost may not exceed the fair rental value of the premises.If the tenant's personal property is removed to a commercial storage company, the storage cost shall include the actual charge for the storage and removal from the premises to the place of storage. D.If the tenant makes timely response in writing of an intention to remove the personal property from the premises and does not do so within the later of the time specified in the notice provided for in subsection B of this section or within fifteen (15) days of the delivery or mailing of the tenant's written response, it shall be conclusively presumed that the tenant abandoned the personal property.If the tenant removes the personal property within the time limitations provided in this subsection, the landlord is entitled to the cost of storage for the period during which the personal property remained in the landlord's safekeeping plus all other costs that accrued under the rental agreement. E.If the tenant fails to take possession of the personal property as prescribed in subsection D of this section and make payment of all amounts due and owing, the personal property shall be deemed abandoned and the landlord may thereupon sell the personal property in any reasonable manner without liability to the tenant. F.Notice of sale shall be mailed to the owner and any other party claiming any interest in said personal property, if known, at their lastknown post office address, by certified or registered mail at least ten (10) days before the time specified therein for such sale.For purposes of this section, parties who claim an interest in the personal property include holders of security interests or other liens or encumbrances as shown by the records in the office of the county clerk of the county where the lien would be foreclosed. G.The landlord or any other person may in good faith become a purchaser of the personal property sold.The landlord may dispose of any personal property upon which no bid is made at the public sale. H.The landlord may not be held to respond in damages in an action by a tenant claiming loss by reason of the landlord's election to destroy, sell or otherwise dispose of the personal property in compliance with the provisions of this section.If, however, the landlord deliberately or negligently violated the provisions of this section, the landlord shall be liable for actual damages. I.Any proceeds from the sale or other disposition of the personal property, as provided in subsection B of this section, shall be applied by the landlord in the following order: 1.To the reasonable expenses of taking, holding, preparing for sale or disposition, giving notice and selling or disposing thereof; 2.To the satisfaction of any properly recorded security interest; 3.To the satisfaction of any amount due from the tenant to the landlord for rent or otherwise; and 4.The balance, if any, shall be paid into court within thirty (30) days of the sale and held for six (6) months and, if not claimed by the owner of the personal property within that period, shall escheat to the county. Added by Laws 1988, c. 138, § 2, eff. Nov. 1, 1988.§41-61.Computation of time. The time within which an act is to be done, as provided for in Title 41 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day.If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes, it shall be excluded.The provisions of this section are hereby declared to be a clarification of the law as it existed prior to the effective date of this act and shall not be considered or construed to be a change of the law as it existed prior to the effective date of this act.Any action or proceeding arising under Title 41 of the Oklahoma Statutes prior to the effective date of this act for which a determination of the period of time prescribed by this section is in question or has been in question due to the enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed by the method for computation of time as prescribed by this section. Added by Laws 2000, c. 260, § 3, emerg. eff. June 1, 2000.§41-71.Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-72.Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-73.Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-74.Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-75.Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-76.Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41-77.Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. §41101.Short title. This act shall be known and may be cited as the "Oklahoma Residential Landlord and Tenant Act". Added by Laws 1978, c. 257, § 1, eff. Oct. 1, 1978.§41-102.Definitions. Unless the context otherwise requires: 1."Building and housing codes" means any law, ordinance or governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit; 2."Deposit" means any money or other property required by a landlord from a tenant as a security and which is to be returned to the tenant upon termination of the rental agreement, less any deductions properly made and allowed by this act; 3."Dwelling unit" means a structure, or that part of a structure, which is used as a home, residence or sleeping place by one or more persons, and includes any site, space or lot leased to the owner or resident of a manufactured or mobile home; 4."Good faith" means honesty in fact in the conduct of the transaction concerned; 5."Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, manufactured or mobile home site, space or lot, and it also means a manager of the premises who fails to comply with the disclosure provisions of Section 116 of this title; 6."Occupant" means any person who abides within a dwelling unit, or any person who owns or occupies a manufactured or mobile home, but who is not a tenant or an unemancipated minor child of a tenant, and who is not legally obligated by the terms of a rental agreement; 7."Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity; 8."Owner" means one or more persons, jointly or severally, in whom is vested: a.all or any part of the legal title to the property, or b.all or part of the beneficial ownership and a right to present use and enjoyment of the property, and such term includes a mortgagee in possession; 9."Person" means an individual or organization; 10."Premises" means a dwelling unit and the structure of which it is a part, the facilities and appurtenances therein, the site, space or lot leased to the owner or resident of a mobile or manufactured home, and the grounds, areas and facilities held out for the use of the tenant generally or the use of which is promised to the tenant; 11."Rent" means all payments, except deposits and damages, to be made to the landlord under the rental agreement; 12."Rental agreement" means all agreements and valid rules and regulations adopted under Section 126 of this title, which establish, embody or modify the terms and conditions concerning the use and occupancy of a dwelling unit and premises; 13."Roomer" or "boarder" means a tenant occupying a dwelling unit: a.which lacks at least one major bathroom or kitchen facility, such as a toilet, refrigerator or stove, b.in a building (1)where one or more of such major facilities are supplied to be used in common by the occupants of the roomer or boarder's dwelling unit and one or more other dwelling units, and (2)in which the landlord resides; 14."Single-family residence" means a structure used and maintained as a single dwelling unit.A dwelling unit, including those with common walls, shall be deemed a single-family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit; and 15."Tenant" means any person entitled under a rental agreement to occupy a dwelling unit. Added by Laws 1978, c. 257, § 2, eff. Oct. 1, 1978.Amended by Laws 1995, c, 149, § 2, eff. Nov. 1, 1995; Laws 2003, c. 112, § 1, emerg. eff. April 21, 2003.§41103.Application of act. A.Except as otherwise provided in this act, this act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. B.Any agreement, whether written or oral, shall be unenforceable insofar as said agreement, or any provision thereof, conflicts with any provision of this act. Added by Laws 1978, c. 257, § 3, eff. Oct. 1, 1978.§41104.Arrangements not covered by act. Unless created to avoid the application of this act, the following arrangements are not governed by this act: 1.Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service; 2.Occupancy under a contract of sale or contract for deed of a dwelling unit or of the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest; 3.Occupancy by a member of a fraternal or social organization in a structure operated for the benefit of the organization; 4.Transient occupancy in a hotel, motel or other similar lodging; 5.Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; and 6.Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. Added by Laws 1978, c. 257, § 4, eff. Oct. 1, 1978.§41105.Mitigation of damagesRights, obligations and remediesEnforcement. A.An aggrieved party under the provisions of this act has a duty to mitigate damages. B.Any right, obligation or remedy declared by this act is enforceable in any court of appropriate jurisdiction including small claims court and may be prosecuted as part of an action for forcible entry or detainer unless the provision declaring it specifies a different and limited effect.In any action for breach of a rental agreement or to enforce any right or obligation provided for in this act, the prevailing party shall be entitled to reasonable attorneys' fees. Added by Laws 1978, c. 257, § 5, eff. Oct. 1, 1978.§41106.Settlement of claim. A claim or right arising under this act or a rental agreement, if disputed in good faith, may be settled by agreement and requires no further consideration. Added by Laws 1978, c. 257, § 6, eff. Oct. 1, 1978.§41107.Good faith performance or enforcement. Every duty under this act and every act which must be performed as a condition precedent to the exercise of a right or remedy under this act imposes an obligation of good faith in its performance or enforcement. Added by Laws 1978, c. 257, § 7, eff. Oct. 1, 1978.§41108.Beneficial owner to maintain premises. Any agreement, assignment, conveyance, trust deed or security instrument which authorizes a person other than the beneficial owner to act as landlord of a dwelling unit shall not relieve the beneficial owner of the duty to conform with this act and any other law, code, ordinance or regulation concerning the maintenance and operation of the premises. Added by Laws 1978, c. 257, § 8, eff. Oct. 1, 1978.§41109.Rent. A.In the absence of agreement, the occupants of a dwelling unit shall pay to the landlord as rent the fair rental value for the use and occupancy of the dwelling unit. B.Rent shall be payable at the time and place agreed to by the parties.Unless otherwise agreed, the entire rent shall be payable at the dwelling unit at the beginning of any term of one (1) month or less, while one (1) month's rent shall be payable at the beginning of each month of a longer term. Added by Laws 1978, c. 257, § 9, eff. Oct. 1, 1978.§41110.Term of tenancy. Unless the rental agreement fixes a definite term in writing, the tenancy is weektoweek in the case of a roomer or boarder who pays weekly rent, and in all other cases monthtomonth. Added by Laws 1978, c. 257, § 10, eff. Oct. 1, 1978.§41111.Termination of tenancy. A.Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is monthtomonth or tenancy at will, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective.The thirtyday period to terminate shall begin to run from the date notice to terminate is served as provided in subsection E of this section. B.Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is less than monthtomonth, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives to the other a written notice served as provided in subsection E of this section at least seven (7) days before the date upon which the termination is to become effective. C.Unless earlier terminated under the provisions of the Oklahoma Residential Landlord and Tenant Act or unless otherwise agreed upon, a tenancy for a definite term expires on the ending date thereof without notice. D.If the tenant remains in possession without the landlord's consent after the expiration of the term of the rental agreement or its termination under the Oklahoma Residential Landlord and Tenant Act, the landlord may immediately bring an action for possession and damages.If the tenant's holdover is willful and not in good faith the landlord may also recover an amount not more than twice the average monthly rental, computed and prorated on a daily basis, for each month or portion thereof that said tenant remains in possession.If the landlord consents to the tenant's continued occupancy, a monthtomonth tenancy is thus created, unless the parties otherwise agree. E.The written notice, required by the Oklahoma Residential Landlord and Tenant Act, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant.If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant.If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail.If service cannot be made on the landlord personally, the notice shall be mailed to the landlord by certified mail.For the purpose of this subsection, the word "landlord" shall mean any person authorized to receive service of process and notice pursuant to Section 116 of this title. Added by by Laws 1978, c. 257, § 11, eff. Oct. 1, 1978.Amended by Laws 1980, c. 168, § 1, eff. Oct. 1, 1980; Laws 1982, c. 251, § 1, emerg. eff. May 11, 1982.§41112.Duties of parties upon termination of tenancy. Except as otherwise provided in this act, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease and be determined upon the effective date of said termination, and the parties shall thereupon discharge any remaining obligations under this act as soon as practicable. Added by Laws 1978, c. 257, § 12, eff. Oct. 1, 1978.§41113.Rental agreements. A.A rental agreement may not provide that either party thereto: 1.Agrees to waive or forego rights or remedies under this act; 2.Authorizes any person to confess judgment on a claim arising out of the rental agreement; 3.Agrees to pay the other party's attorney's fees; 4.Agrees to the exculpation, limitation or indemnification of any liability arising under law for damages or injuries to persons or property caused by or resulting from the acts or omissions of either party, their agents, servants or employees in the operation or maintenance of the dwelling unit or the premises of which it is a part; or 5.Agrees to the establishment of a lien except as allowed by this act in and to the property of the other party. B.A provision prohibited by subsection A of this section and included in a rental agreement is unenforceable. Added by Laws 1978, c. 257, § 13, eff. Oct. 1, 1978.§41113.1.Denial or termination of tenancy because of guide, signal or service dog. A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985. Added by Laws 1982, c. 251, § 3, emerg. eff. May 11, 1982.Amended by Laws 1985, c. 19, § 3, eff. Nov. 1, 1985.§41113a.Disclosure of flood or flooding problems in rental agreement. A.If the premises to be rented has been flooded within the past five (5) years and such fact is known to the landlord, the landlord shall include such information prominently and in writing as part of any written rental agreements.Failure to provide such information shall entitle any tenant who is a party to the rental agreement to sue the landlord of the premises in a court of appropriate jurisdiction and to recover the personal property damages sustained by the tenant from flooding of the premises. B.For the purpose of this section, "flooded and flooding" shall mean general and temporary conditions of partial or complete inundation of normally dry land areas and structures upon said areas from the overflow of lakes, ponds, streams, rivers, creeks and any other inland waters. Added by Laws 1986, c. 194, § 1, eff. Nov. 1, 1986.§41114.AlieneesRights, obligations and remedies. Alienees of landlords and tenants shall have the same legal rights, obligations and remedies as their principals. Added by Laws 1978, c. 257, § 14, eff. Oct. 1, 1978.§41115.Damage or security deposits. A.Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a federally insured financial institution.Misappropriation of the security deposit shall be unlawful and punishable by a term in a county jail not to exceed six (6) months and by a fine in an amount not to exceed twice the amount misappropriated from the escrow account. B.Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with this act and the rental agreement, all as itemized by the landlord in a written statement delivered by mail to be by return receipt requested and to be signed for by any person of statutory service age at such address or in person to the tenant if he can reasonably be found.If the landlord proposes to retain any portion of the security deposit for rent, damages or other legally allowable charges under the provisions of this act or the rental agreement, the landlord shall return the balance of the security deposit without interest to the tenant within thirty (30) days after the termination of tenancy, delivery of possession and written demand by the tenant.If the tenant does not make such written demand of such deposit within six (6) months after termination of the tenancy, the deposit reverts to the landlord in consideration of the costs and burden of maintaining the escrow account, and the interest of the tenant in that deposit terminates at that time. C.Upon cessation of a landlord's interest in the dwelling unit including, but not limited to, termination of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the person in possession of the tenants' damage or security deposits at his option or pursuant to court order shall, within a reasonable time: 1.Transfer said deposits to the landlord's successor in interest and notify the tenants in writing of such transfer and of the transferee's name and address; or 2.Return the deposits to the tenants. D.Upon receipt of the transferred deposits under paragraph 1 of subsection C of this section, the transferee, in relation to such deposits, shall have all the rights and obligations of a landlord holding such deposits under this act. E.If a landlord or manager fails to comply with this section or fails to return any prepaid rent required to be paid to a tenant under this act, the tenant may recover the damage and security deposit and prepaid rent, if any. F.Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. G.This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this act. Added by Laws 1978, c. 257, § 15, eff. Oct. 1, 1978.Amended by Laws 1980, c. 168, § 2, eff. Oct. 1, 1980; Laws 1981, c. 125, § 1.§41116.Person to accept service or noticeIdentity of owner and managerFailure to comply with section. A.As a part of any rental agreement the lessor shall prominently and in writing identify what person at what address is entitled to accept service or notice under this act.The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: 1.The person or persons authorized to manage the premises; 2.The owner or owners of the premises; or 3.The name and address of a person authorized to act for and on behalf of the owner for the purpose of receipt of service of process and receiving and receipting for notices. The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor owner, landlord or manager. B.A person who fails to comply with this section becomes a landlord for the purposes of this act and an agent of each person who is otherwise a landlord for: 1.Receipt of service of process and receiving and receipting for notices and demands; and 2.Performing the obligations of a landlord under this act and under the rental agreement and expending and making available for the purpose all rents collected from the premises. Added by Laws 1978, c. 257, § 16, eff. Oct. 1, 1978.§41-117.Commencement of tenancy - Delivery of possession - Wrongful possession - Limitations on use - Rights regarding occupants - Reasonable occupancy limitation. A.At the commencement of the term a landlord shall deliver full possession of the premises to the tenant in compliance with the rental agreement and Section 118 of this title.Except as otherwise provided in this act, the landlord may bring an action for possession against any other person wrongfully in possession and may recover his damages. B.A rental agreement may provide reasonable limitations upon use of a dwelling unit or premises by a tenant or occupant.A landlord shall have the right to demand that an occupant vacate the dwelling unit or the premises or both if such occupant breaches any condition of the rental agreement which would be enforceable against the tenant.If a landlord makes a written request to the tenant or to the occupant for the occupant to depart from the dwelling unit or the premises or both, the occupant shall comply.If the occupant wrongfully fails to comply within a reasonable time, the occupant shall, upon conviction, be deemed guilty of a trespass and may be punished by a fine of not to exceed Five Hundred Dollars ($500.00) or by confinement in the county jail for a period not to exceed thirty (30) days or by both such fine and imprisonment. C.An occupancy limitation of two (2) persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state.The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease. Added by Laws 1978, c. 257, § 17, eff. Oct. 1, 1978.Amended by Laws 1995, c. 149, § 3, eff. Nov. 1, 1995.§41118.Duties of landlord and tenant. A.A landlord shall at all times during the tenancy: 1.Except in the case of a singlefamily residence, keep all common areas of his building, grounds, facilities and appurtenances in a clean, safe and sanitary condition; 2.Make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition; 3.Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, airconditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him; 4.Except in the case of one or twofamily residences or where provided by a governmental entity, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for the frequent removal of such wastes; and 5.Except in the case of a singlefamily residence or where the service is supplied by direct and independently metered utility connections to the dwelling unit, supply running water and reasonable amounts of hot water at all times and reasonable heat. B.The landlord and tenant of a dwelling unit may agree by a conspicuous writing independent of the rental agreement that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling. Added by Laws 1978, c. 257, § 18, eff. Oct. 1, 1978.§41119.Conveyance of propertyAttornment of tenant. A.A conveyance of real estate, or of any interest therein, by a landlord shall be valid without the attornment of the tenant, but the payment of rent by the tenant to the grantor at any time before written notice of the conveyance is given to the tenant shall be good against the grantee. B.The attornment of a tenant to a stranger shall be void, and shall not affect the possession of the landlord unless it is made with the consent of the landlord, or pursuant to a judgment at law, or the order or decree of a court. C.Unless otherwise agreed and except as otherwise provided in this act, upon termination of the owner's interest in the dwelling unit including, but not limited to, terminations of interest by sale, assignment, death, bankruptcy, appointment of a receiver or otherwise, the owner is relieved of all liability under the rental agreement and of all obligations under this act as to events occurring subsequent to written notice to the resident of the termination of the owner's interest.The successor in interest to the owner shall be liable for all obligations under the rental agreement or under this act.Upon receipt by a resident of written notice of the termination of the owner's interest in the dwelling unit, a resident shall pay all future rental payments, when due, to the successor in interest to the owner. D.Unless otherwise agreed and except as otherwise provided in this act, a manager of premises that includes a dwelling unit is relieved of liability under a rental agreement and this act as to events occurring after written notice to the tenant of the termination of his management. Added by Laws 1978, c. 257, § 19, eff. Oct. 1, 1978.§41120.Failure of landlord to deliver possession of dwelling unit to tenant. A.If the landlord fails to deliver possession of the dwelling unit to the tenant, rent abates until possession is delivered and the tenant may terminate the rental agreement by giving a written notice of such termination to the landlord, whereupon the landlord shall return all prepaid rent and deposit, or the tenant may, at his option, demand performance of the rental agreement by the landlord and maintain an action for possession of the dwelling unit against any person wrongfully in possession and recover the actual damages sustained by him. B.If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than twice the monthly rental as specified in the rental agreement, computed and prorated on a daily basis, for each month, or portion thereof, that said person wrongfully remains in possession. Added by Laws 1978, c. 257, § 20, eff. Oct. 1, 1978.§41121.Landlord's breach of rental agreementDeductions from rent for repairsFailure to supply heat, water or other essential servicesHabitability of dwelling unit. A.Except as otherwise provided in this act, if there is a material noncompliance by the landlord with the terms of the rental agreement or a noncompliance with any of the provisions of Section 18 of this act which noncompliance materially affects health or safety, the tenant may deliver to the landlord a written notice specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within fourteen (14) days, and thereafter the rental agreement shall so terminate as provided in the notice unless the landlord adequately remedies the breach within the time specified. B.Except as otherwise provided in this act, if there is a material noncompliance by the landlord with any of the terms of the rental agreement or any of the provisions of Section 18 of this act which noncompliance materially affects health and the breach is remediable by repairs, the reasonable cost of which is less than One Hundred Dollars ($100.00), the tenant may notify the landlord in writing of his intention to correct the condition at the landlord's expense after the expiration of fourteen (14) days.If the landlord fails to comply within said fourteen (14) days, or as promptly as conditions require in the case of an emergency, the tenant may thereafter cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, deduct from his rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection, in which event the rental agreement shall not terminate by reason of that breach. C.Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 of this act, the landlord willfully or negligently fails to supply
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  • §411. Who deemed tenant at will. 

    Any person in the possession of real property, with the assent of the owner, is presumed to be a tenant at will, unless the contrary is shown, except as herein otherwise provided. 

    R.L. 1910, § 3783. 

     

    §41-2. Tenant holding over as tenant at will - Expiration of unwritten contract. 

    When premises are let for one or more years, and the tenant, with the assent of the landlord, continues to occupy the premises after the expiration of the term, such tenant shall be deemed to be a tenant at will; provided, that no lease or rental contract of premises shall be continued, unless the original contract was in writing, and all other lease or contracts shall expire by limitation with the calendar year, without notice. 

    R.L. 1910, § 3784; Laws 1910-11, c. 64, p. 146, § 1. 

     

    §413. Tenant holds from one period to another, when. 

    When rent is reserved, payable at intervals of three (3) months or less, the tenant shall be deemed to hold from one period to another, equal to the intervals between the days of payment, unless there is an express contract to the contrary. 

    R.L. 1910, § 3785. 

     

    §414. Time of notice to terminate tenancy. 

    Thirty (30) days' notice in writing is necessary to be given by either party before he can terminate a tenancy at will, or from one period to another, of three (3) months or less; but where in any case rent is reserved, payable at intervals of less than thirty (30) days, the length of notice need not be greater than such interval between the days of payment. 

    R.L. 1910, § 3786. 

     

    §415. Termination of tenancy from year to year. 

    All tenancies from year to year, may be determined by at least three (3) months' notice, in writing, given to the tenant prior to the expiration of the year. 

    R.L. 1910, § 3787. 

     

    §416. Notice to quit where rent not paid. 

    If a tenant, for a period of three (3) months or longer, neglect or refuse to pay rent when due, ten (10) days' notice in writing to quit, shall determine the lease, unless such rent be paid before the expiration of said ten (10) days. 

    R.L. 1910, § 3789. 

     

    §417. Notice when rent not paid under tenancy for less than three (3) months. 

    If a tenant, for a period of less than three (3) months, shall neglect or refuse to pay rent when due, five (5) days' notice, in writing, to quit, shall determine the lease, unless such rent be paid before the expiration of said five (5) days. 

    R.L. 1910, § 3790. 

     

    §418. Notice to quit not required, when. 

    When the time for the termination of a tenancy is specified in the contract, or where a tenant at will commits waste, or in the case of a tenant by sufferance, and in any case where the relation of landlord and tenant does not exist, no notice to quit shall be necessary. 

    R.L. 1910, § 3791. 

     

    §419. Service of notice Termination of tenancy. 

    The notice to terminate the tenancy required in this chapter may be served on the tenant, or, if he cannot be found, by delivering the same to some person over the age of twelve (12) years, residing on the premises, having first made known to such person the contents thereof; or, if service cannot be made by the use of reasonable diligence on the tenant or on any person over the age of twelve (12) years residing on the premises, the same may be served by posting said notice at some conspicuous place on the building on said premises and if there be no buildings on said premises then said notice shall be posted at some conspicuous place on said premises and if said notice is posted, a copy of said notice shall be mailed to the tenant at his last-known address by registered mail and such notice shall operate to terminate the tenancy at the end of the period after the date of such posting and mailing that it would have been terminated by personal service of such notice on the date of such posting and mailing; provided, that in no event shall such posting and mailing terminate any tenancy within a period of less than ten (10) days from the date of such posting and mailing. 

    R.L. 1910, § 3792; Laws 1941, p. 169, § 1. 

     

    §4110. Tenant may not assign, when. 

    No tenant for a term not exceeding two (2) years, or at will, or by sufferance, shall assign or transfer his term or interest, or any part thereof, to another, without the written assent of the landlord or person holding under him. 

    R.L. 1910, § 3793. 

     

    §4111. Landlord may reenter after unauthorized assignment. 

    If any tenant shall violate the provisions of the preceding section, the landlord, or person holding under him, after giving ten (10) days' notice to quit possession, shall have a right to reenter the premises and take possession thereof, and dispossess the tenant, subtenant or undertenant. 

    R.L. 1910, § 3794. 

     

    §4112. Attornment unnecessary to conveyance. 

    A conveyance of real estate, or of any interest therein, by landlord, shall be valid without the attornment of the tenant; but the payment of rent by the tenant to the grantor, at any time before notice of sale, given to said tenant, shall be good against the grantee. 

    R.L. 1910, § 3795. 

     

    §4113. Attornment to stranger void. 

    The attornment of a tenant to a stranger shall be void, and shall not affect the possession of his landlord unless it be made with the consent of the landlord, or pursuant to a judgment at law, or the order or decree of a court. 

    R.L. 1910, § 3796. 

     

    §4114. Rights of sublessees. 

    Sublessees shall have the same remedy upon the original covenant against the principal landlord, as they might have had against their immediate lessor. 

    R.L. 1910, § 3797. 

     

    §4115. Rights of alienees of lessors and lessees. 

    Alienees of lessors and lessees of land shall have the same legal remedies in relation to such lands as their principal. 

    R.L. 1910, § 3798. 

     

    §4116. Rents from life grants. 

    Rents from lands granted for life or lives may be recovered as other rents. 

    R.L. 1910, § 3799. 

     

    §4117. Recovery of arrears of rent from life grants after death. 

    A person entitled to rents dependent on the life of another, may recover arrears unpaid at the death of that other. 

    R.L. 1910, § 3800. 

     

    §4118. Rights and liabilities of executors and administrators. 

    Executors and administrators shall have the same remedies to recover rents, and be subject to the same liabilities to pay them, as their testators and intestates. 

    R.L. 1910, § 3801. 

     

    §4119. Occupants without contract liable for rent. 

    The occupant of any lands, without special contract shall be liable for the rent to any person entitled thereto. 

    R.L. 1910, § 3802. 

     

    §4120. Contribution by joint tenants. 

    If a joint tenant, or tenant in common, or tenant in coparcenary, have, by consent, management of the estate, and make repairs and improvements with the knowledge, and without objection, of his cotenant or coparcener, such cotenant or coparcener shall contribute ratably thereto. 

    R.L. 1910, § 3803. 

     

    §4121. Joint tenant may recover his share of rents. 

    A joint tenant, or tenant in common, or tenant in coparcenary, may maintain an action against his cotenant or coparcener, or their personal representatives, for receiving more than his just proportion of the rents and profits. 

    R.L. 1910, § 3804. 

     

    §4122. Recovery for waste or trespass by remainderman. 

    A person seized of an estate in remainder or reversion may maintain an action for waste or trespass, for injury to the inheritance, notwithstanding an intervening estate for life or years. 

    R.L. 1910, § 3805. 

     

    §4123. Farm rent lien on crop. 

    Any rent due for farming land shall be a lien on the crop growing or made on the premises. Such lien may be enforced by action and attachment therein, as hereinafter provided. 

    R.L. 1910, § 3806. 

     

    §4124. Crop rent. 

    When any such rent is payable in a share or certain proportion of the crop, the lessor shall be deemed the owner of such share or proportion, and may, if the tenant refuse to deliver him such share or proportion, enter upon the land and take possession of the same, or obtain possession thereof by action of replevin. 

    R.L. 1910, § 3807. 

     

    §41-25. Repealed by Laws 2002, c. 460, § 46, eff. Nov. 1, 2002. 

    §4126. Purchaser of crop with notice liable for rent. 

    The person entitled to rent may recover from the purchaser of the crop, or any part thereof, with notice of the lien, the value of the crop purchased, to the extent of the rent due and damages. 

    R.L. 1910, § 3808. 

     

    §4127. Landlord may have attachment, when. 

    When any person who shall be liable to pay rent (whether the same be due or not, if it be due within one (1) year thereafter, and whether the same be payable in money or other things), intends to remove, or is removing, or has, within thirty (30) days, removed, his property, or his crops, or any part thereof, from the leased premises, the person to whom the rent is owing may commence an action, and upon making an affidavit stating the amount of rent for which such person is liable, and one or more of the above facts, and executing an undertaking as in other cases, an attachment shall issue in the same manner and with the like effect as is provided by law in other actions. 

    R.L. 1910, § 3809. 

     

    §4128. Attachment for rent lien on crops. 

    In an action to enforce a lien on crops for rent of farming lands, the affidavit for attachment shall state that there is due from the defendant to the plaintiff a certain sum, naming it, for rent of farming lands, describing the same, and that the plaintiff claims a lien on the crop made on such land. Upon making and filing such affidavit and executing an undertaking as prescribed in the preceding section, an order of attachment shall issue as in other cases, and shall be levied on such crop, or so much thereof as may be necessary; and all other proceedings in such attachment shall be the same as in other actions. 

    R.L. 1910, § 3810. 

     

    §41-29. Repealed by Laws 1970, c. 107, § 1, emerg. eff. April 1, 1970. 

    §4130. Taxation of improvements. 

    All improvements put on leased lands, that do not become a part of the realty, shall be assessed to the owner of such improvements as personal property; and the taxes imposed on such improvements shall be collected by levy and sale of the interest of such owner, the same as in all other cases of the collection of taxes on personal property. 

    R.L. 1910, § 3812. 

     

    §41-31. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. 

    §41-32. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. 

    §4133. Lease presumed to be for one year. 

    A lease of real property, other than lodgings, in places where there is no usage on the subject, is presumed to be for one (1) year from its commencement, unless otherwise expressed in the lease. 

    R.L. 1910, § 3815. 

     

    §41-34. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. 

    §4135. Continued possession renews the lease, when. 

    If a lessee of real property remains in possession thereof, after the expiration of the lease and the lessor accepts rent from him, the parties are presumed to have renewed the lease on the same terms and for the same time, not exceeding one (1) year. 

    R.L. 1910, § 3817. 

     

    §4136. Renewal of lease presumed unless notice of termination given. 

    A lease of real property, for a term not specified by the parties, is deemed to be renewed, as stated in the last section, at the end of the term implied by law, unless one of the parties gives notice to the other of his intention to terminate the same, at least as long before the expiration thereof as the term of the lease itself, not exceeding one (1) month. 

    R.L. 1910, § 3818. 

     

    §4137. Rent payable, when. 

    When there is no contract or usage to the contrary, the rent of agricultural and wild land is payable yearly at the end of each year. Rents of lodgings are payable monthly at the end of each month. Other rents are payable quarterly at the end of each quarter from the time the hiring takes effect. The rent for shorter period than the periods herein specified is payable at the termination of such period. 

    R.L. 1910, § 3819. 

     

    §4138. Duty of tenant in case of proceedings. 

    Every tenant who receives notice of any proceeding to recover the real property occupied by him or the possession thereof must immediately inform his landlord of the same, and also deliver to the landlord the notice, if in writing, and is responsible to the landlord for all damages which said landlord may sustain by reason of any omission to inform him of the notice, or to deliver it to him if in writing. 

    R.L. 1910, § 3820. 

     

    §41-39. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. 

    §4140. Forfeiture of lease Release from record Penalty. 

    When any lease on land heretofore or hereafter taken shall have become forfeited, it shall be the duty of the lessee, his, her, or their heirs, successors, assigns or legal representatives, within sixty (60) days from the date this act shall take effect, if such forfeiture occurs prior thereto, and within sixty (60) days from date of forfeiture of any and all other leases, to have such leases released from record in the county where such land is situated, without cost to the owner or owners thereof; and upon failure to make such release, the owner or owners of the land under lease may notify in writing the holder of the record title to such lease, that the same has become forfeited and demand a release of record of such lease, as herein provided; and if the owner or holder of such lease, or the officer, agent, or other persons whose duty it is to release such lease, shall fail or neglect to release same within thirty (30) days after demand to release has been made in writing, he shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding One Hundred Dollars ($100.00). 

    Laws 1915, c. 248, § 1. 

     

    §41-41. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. 

    §41-42. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. 

    §41-43. Repealed by Laws 1978, c. 257, § 39, eff. Oct. 1, 1978. 

    §4151. Abandonment or surrender of nonresidential rental property Definitions. 

    As used in this act: 

    1. "Landlord" means the owner, lessor or sublessor of a nonresidential rental property, but does not mean an “owner” as defined by Section 192 of Title 42 of the Oklahoma Statutes; 

    2. “Nonresidential rental property” means any land or building which is rented or leased to a tenant for other than residential purposes and the rental agreement of which is not regulated under the provisions of the Oklahoma Residential Landlord and Tenant Act, Section 101 et seq. of Title 41 of the Oklahoma Statutes or the Self-Service Storage Facility Lien Act, Section 191 et seq. of Title 42 of the Oklahoma Statutes; and 

    3. "Tenant" means any person entitled under a rental agreement to occupy the nonresidential rental property. 

    Added by Laws 1988, c. 138, § 1, eff. Nov. 1, 1988. Amended by Laws 1999, c. 212, § 1, eff. Nov. 1, 1999. 

     

    §4152. Abandonment or surrender of nonresidential rental property Disposition of personal property of tenant Notice Storage costs Liability of landlord Application of proceeds of sale. 

    A. If a tenant abandons, surrenders possession of, or is evicted from nonresidential rental property and leaves goods, furnishings, fixtures, or any other personal property on the premises of the nonresidential rental property, the landlord may take possession of the personal property ten (10) days after the tenant receives personal service of notice or fifteen (15) days after notice is mailed, whichever is latest, and if the personal property has no ascertainable or apparent value, the landlord may dispose of the personal property in a reasonable commercial manner. In any such case, the landlord has the option of complying with the provisions of subsection B of this section. 

    B. If the tenant abandons, surrenders possession of, or is evicted from the nonresidential rental property and leaves goods, furnishings, fixtures, or any other personal property of an ascertainable or apparent value on the premises of the nonresidential rental property, the landlord may take possession of the personal property and give notice to the tenant, demanding that the personal property be removed within the dates set out in the notice but not less than fifteen (15) days after delivery or mailing of such notice, and that if the personal property is not removed within the time specified in the notice, the landlord may sell the personal property at a public sale. The landlord may dispose of perishable commodities in any manner the landlord considers fit. Payment by the tenant of all outstanding rent, damages, storage fees, court costs and attorneys' fees shall be a prerequisite to the return of the personal property. For purposes of this section, notice sent by registered or certified mail to the tenant's lastknown address with forwarding requested shall be deemed sufficient notice. 

    C. After notice is given as provided in subsection B of this section, the landlord shall store all personal property of the tenant in a place of safekeeping and shall exercise reasonable care of the personal property. The landlord shall not be responsible to the tenant for any loss not caused by the landlord's deliberate or negligent act. The landlord may elect to store the personal property on the premises of the nonresidential rental property that was abandoned or surrendered by the tenant or from which the tenant was evicted, in which event the storage cost may not exceed the fair rental value of the premises. If the tenant's personal property is removed to a commercial storage company, the storage cost shall include the actual charge for the storage and removal from the premises to the place of storage. 

    D. If the tenant makes timely response in writing of an intention to remove the personal property from the premises and does not do so within the later of the time specified in the notice provided for in subsection B of this section or within fifteen (15) days of the delivery or mailing of the tenant's written response, it shall be conclusively presumed that the tenant abandoned the personal property. If the tenant removes the personal property within the time limitations provided in this subsection, the landlord is entitled to the cost of storage for the period during which the personal property remained in the landlord's safekeeping plus all other costs that accrued under the rental agreement. 

    E. If the tenant fails to take possession of the personal property as prescribed in subsection D of this section and make payment of all amounts due and owing, the personal property shall be deemed abandoned and the landlord may thereupon sell the personal property in any reasonable manner without liability to the tenant. 

    F. Notice of sale shall be mailed to the owner and any other party claiming any interest in said personal property, if known, at their lastknown post office address, by certified or registered mail at least ten (10) days before the time specified therein for such sale. For purposes of this section, parties who claim an interest in the personal property include holders of security interests or other liens or encumbrances as shown by the records in the office of the county clerk of the county where the lien would be foreclosed. 

    G. The landlord or any other person may in good faith become a purchaser of the personal property sold. The landlord may dispose of any personal property upon which no bid is made at the public sale. 

    H. The landlord may not be held to respond in damages in an action by a tenant claiming loss by reason of the landlord's election to destroy, sell or otherwise dispose of the personal property in compliance with the provisions of this section. If, however, the landlord deliberately or negligently violated the provisions of this section, the landlord shall be liable for actual damages. 

    I. Any proceeds from the sale or other disposition of the personal property, as provided in subsection B of this section, shall be applied by the landlord in the following order: 

    1. To the reasonable expenses of taking, holding, preparing for sale or disposition, giving notice and selling or disposing thereof; 

    2. To the satisfaction of any properly recorded security interest; 

    3. To the satisfaction of any amount due from the tenant to the landlord for rent or otherwise; and 

    4. The balance, if any, shall be paid into court within thirty (30) days of the sale and held for six (6) months and, if not claimed by the owner of the personal property within that period, shall escheat to the county. 

    Added by Laws 1988, c. 138, § 2, eff. Nov. 1, 1988. 

     

    §41-61. Computation of time. 

    The time within which an act is to be done, as provided for in Title 41 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day. If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes, it shall be excluded. The provisions of this section are hereby declared to be a clarification of the law as it existed prior to the effective date of this act and shall not be considered or construed to be a change of the law as it existed prior to the effective date of this act. Any action or proceeding arising under Title 41 of the Oklahoma Statutes prior to the effective date of this act for which a determination of the period of time prescribed by this section is in question or has been in question due to the enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed by the method for computation of time as prescribed by this section. 

    Added by Laws 2000, c. 260, § 3, emerg. eff. June 1, 2000. 

     

    §41-71. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. 

    §41-72. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. 

    §41-73. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. 

    §41-74. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. 

    §41-75. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. 

    §41-76. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. 

    §41-77. Repealed by Laws 1939, p. 341, § 1, emerg. eff. Feb. 24, 1939. 

    §41101. Short title. 

    This act shall be known and may be cited as the "Oklahoma Residential Landlord and Tenant Act". 

    Added by Laws 1978, c. 257, § 1, eff. Oct. 1, 1978. 

     

    §41-102. Definitions. 

    Unless the context otherwise requires: 

    1. "Building and housing codes" means any law, ordinance or governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit; 

    2. "Deposit" means any money or other property required by a landlord from a tenant as a security and which is to be returned to the tenant upon termination of the rental agreement, less any deductions properly made and allowed by this act; 

    3. "Dwelling unit" means a structure, or that part of a structure, which is used as a home, residence or sleeping place by one or more persons, and includes any site, space or lot leased to the owner or resident of a manufactured or mobile home; 

    4. "Good faith" means honesty in fact in the conduct of the transaction concerned; 

    5. "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part, manufactured or mobile home site, space or lot, and it also means a manager of the premises who fails to comply with the disclosure provisions of Section 116 of this title; 

    6. "Occupant" means any person who abides within a dwelling unit, or any person who owns or occupies a manufactured or mobile home, but who is not a tenant or an unemancipated minor child of a tenant, and who is not legally obligated by the terms of a rental agreement; 

    7. "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity; 

    8. "Owner" means one or more persons, jointly or severally, in whom is vested: 

    a.  all or any part of the legal title to the property, or 

    b.  all or part of the beneficial ownership and a right to present use and enjoyment of the property, and such term includes a mortgagee in possession; 

    9. "Person" means an individual or organization; 

    10. "Premises" means a dwelling unit and the structure of which it is a part, the facilities and appurtenances therein, the site, space or lot leased to the owner or resident of a mobile or manufactured home, and the grounds, areas and facilities held out for the use of the tenant generally or the use of which is promised to the tenant; 

    11. "Rent" means all payments, except deposits and damages, to be made to the landlord under the rental agreement; 

    12. "Rental agreement" means all agreements and valid rules and regulations adopted under Section 126 of this title, which establish, embody or modify the terms and conditions concerning the use and occupancy of a dwelling unit and premises; 

    13. "Roomer" or "boarder" means a tenant occupying a dwelling unit: 

    a.  which lacks at least one major bathroom or kitchen facility, such as a toilet, refrigerator or stove, 

    b.  in a building 

    (1)  where one or more of such major facilities are supplied to be used in common by the occupants of the roomer or boarder's dwelling unit and one or more other dwelling units, and 

    (2)  in which the landlord resides; 

    14. "Single-family residence" means a structure used and maintained as a single dwelling unit. A dwelling unit, including those with common walls, shall be deemed a single-family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit; and 

    15. "Tenant" means any person entitled under a rental agreement to occupy a dwelling unit. 

    Added by Laws 1978, c. 257, § 2, eff. Oct. 1, 1978. Amended by Laws 1995, c, 149, § 2, eff. Nov. 1, 1995; Laws 2003, c. 112, § 1, emerg. eff. April 21, 2003. 

     

    §41103. Application of act. 

    A. Except as otherwise provided in this act, this act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. 

    B. Any agreement, whether written or oral, shall be unenforceable insofar as said agreement, or any provision thereof, conflicts with any provision of this act. 

    Added by Laws 1978, c. 257, § 3, eff. Oct. 1, 1978. 

     

    §41104. Arrangements not covered by act. 

    Unless created to avoid the application of this act, the following arrangements are not governed by this act: 

    1. Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service; 

    2. Occupancy under a contract of sale or contract for deed of a dwelling unit or of the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest; 

    3. Occupancy by a member of a fraternal or social organization in a structure operated for the benefit of the organization; 

    4. Transient occupancy in a hotel, motel or other similar lodging; 

    5. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; and 

    6. Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. 

    Added by Laws 1978, c. 257, § 4, eff. Oct. 1, 1978. 

     

    §41105. Mitigation of damages Rights, obligations and remedies Enforcement. 

    A. An aggrieved party under the provisions of this act has a duty to mitigate damages. 

    B. Any right, obligation or remedy declared by this act is enforceable in any court of appropriate jurisdiction including small claims court and may be prosecuted as part of an action for forcible entry or detainer unless the provision declaring it specifies a different and limited effect. In any action for breach of a rental agreement or to enforce any right or obligation provided for in this act, the prevailing party shall be entitled to reasonable attorneys' fees. 

    Added by Laws 1978, c. 257, § 5, eff. Oct. 1, 1978. 

     

    §41106. Settlement of claim. 

    A claim or right arising under this act or a rental agreement, if disputed in good faith, may be settled by agreement and requires no further consideration. 

    Added by Laws 1978, c. 257, § 6, eff. Oct. 1, 1978. 

     

    §41107. Good faith performance or enforcement. 

    Every duty under this act and every act which must be performed as a condition precedent to the exercise of a right or remedy under this act imposes an obligation of good faith in its performance or enforcement. 

    Added by Laws 1978, c. 257, § 7, eff. Oct. 1, 1978. 

     

    §41108. Beneficial owner to maintain premises. 

    Any agreement, assignment, conveyance, trust deed or security instrument which authorizes a person other than the beneficial owner to act as landlord of a dwelling unit shall not relieve the beneficial owner of the duty to conform with this act and any other law, code, ordinance or regulation concerning the maintenance and operation of the premises. 

    Added by Laws 1978, c. 257, § 8, eff. Oct. 1, 1978. 

     

    §41109. Rent. 

    A. In the absence of agreement, the occupants of a dwelling unit shall pay to the landlord as rent the fair rental value for the use and occupancy of the dwelling unit. 

    B. Rent shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the dwelling unit at the beginning of any term of one (1) month or less, while one (1) month's rent shall be payable at the beginning of each month of a longer term. 

    Added by Laws 1978, c. 257, § 9, eff. Oct. 1, 1978. 

     

    §41110. Term of tenancy. 

    Unless the rental agreement fixes a definite term in writing, the tenancy is weektoweek in the case of a roomer or boarder who pays weekly rent, and in all other cases monthtomonth. 

    Added by Laws 1978, c. 257, § 10, eff. Oct. 1, 1978. 

     

    §41111. Termination of tenancy. 

    A. Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is monthtomonth or tenancy at will, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective. The thirtyday period to terminate shall begin to run from the date notice to terminate is served as provided in subsection E of this section. 

    B. Except as otherwise provided in the Oklahoma Residential Landlord and Tenant Act, when the tenancy is less than monthtomonth, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives to the other a written notice served as provided in subsection E of this section at least seven (7) days before the date upon which the termination is to become effective. 

    C. Unless earlier terminated under the provisions of the Oklahoma Residential Landlord and Tenant Act or unless otherwise agreed upon, a tenancy for a definite term expires on the ending date thereof without notice. 

    D. If the tenant remains in possession without the landlord's consent after the expiration of the term of the rental agreement or its termination under the Oklahoma Residential Landlord and Tenant Act, the landlord may immediately bring an action for possession and damages. If the tenant's holdover is willful and not in good faith the landlord may also recover an amount not more than twice the average monthly rental, computed and prorated on a daily basis, for each month or portion thereof that said tenant remains in possession. If the landlord consents to the tenant's continued occupancy, a monthtomonth tenancy is thus created, unless the parties otherwise agree. 

    E. The written notice, required by the Oklahoma Residential Landlord and Tenant Act, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant. If service cannot be made on the tenant personally or on such family member, notice shall be posted at a conspicuous place on the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be mailed to the tenant by certified mail. If service cannot be made on the landlord personally, the notice shall be mailed to the landlord by certified mail. For the purpose of this subsection, the word "landlord" shall mean any person authorized to receive service of process and notice pursuant to Section 116 of this title. 

    Added by by Laws 1978, c. 257, § 11, eff. Oct. 1, 1978. Amended by Laws 1980, c. 168, § 1, eff. Oct. 1, 1980; Laws 1982, c. 251, § 1, emerg. eff. May 11, 1982. 

     

    §41112. Duties of parties upon termination of tenancy. 

    Except as otherwise provided in this act, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease and be determined upon the effective date of said termination, and the parties shall thereupon discharge any remaining obligations under this act as soon as practicable. 

    Added by Laws 1978, c. 257, § 12, eff. Oct. 1, 1978. 

     

    §41113. Rental agreements. 

    A. A rental agreement may not provide that either party thereto: 

    1. Agrees to waive or forego rights or remedies under this act; 

    2. Authorizes any person to confess judgment on a claim arising out of the rental agreement; 

    3. Agrees to pay the other party's attorney's fees; 

    4. Agrees to the exculpation, limitation or indemnification of any liability arising under law for damages or injuries to persons or property caused by or resulting from the acts or omissions of either party, their agents, servants or employees in the operation or maintenance of the dwelling unit or the premises of which it is a part; or 

    5. Agrees to the establishment of a lien except as allowed by this act in and to the property of the other party. 

    B. A provision prohibited by subsection A of this section and included in a rental agreement is unenforceable. 

    Added by Laws 1978, c. 257, § 13, eff. Oct. 1, 1978. 

     

    §41113.1. Denial or termination of tenancy because of guide, signal or service dog. 

    A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985. 

    Added by Laws 1982, c. 251, § 3, emerg. eff. May 11, 1982. Amended by Laws 1985, c. 19, § 3, eff. Nov. 1, 1985. 

     

    §41113a. Disclosure of flood or flooding problems in rental agreement. 

    A. If the premises to be rented has been flooded within the past five (5) years and such fact is known to the landlord, the landlord shall include such information prominently and in writing as part of any written rental agreements. Failure to provide such information shall entitle any tenant who is a party to the rental agreement to sue the landlord of the premises in a court of appropriate jurisdiction and to recover the personal property damages sustained by the tenant from flooding of the premises. 

    B. For the purpose of this section, "flooded and flooding" shall mean general and temporary conditions of partial or complete inundation of normally dry land areas and structures upon said areas from the overflow of lakes, ponds, streams, rivers, creeks and any other inland waters. 

    Added by Laws 1986, c. 194, § 1, eff. Nov. 1, 1986. 

     

    §41114. Alienees Rights, obligations and remedies. 

    Alienees of landlords and tenants shall have the same legal rights, obligations and remedies as their principals. 

    Added by Laws 1978, c. 257, § 14, eff. Oct. 1, 1978. 

     

    §41115. Damage or security deposits. 

    A. Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a federally insured financial institution. Misappropriation of the security deposit shall be unlawful and punishable by a term in a county jail not to exceed six (6) months and by a fine in an amount not to exceed twice the amount misappropriated from the escrow account. 

    B. Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with this act and the rental agreement, all as itemized by the landlord in a written statement delivered by mail to be by return receipt requested and to be signed for by any person of statutory service age at such address or in person to the tenant if he can reasonably be found. If the landlord proposes to retain any portion of the security deposit for rent, damages or other legally allowable charges under the provisions of this act or the rental agreement, the landlord shall return the balance of the security deposit without interest to the tenant within thirty (30) days after the termination of tenancy, delivery of possession and written demand by the tenant. If the tenant does not make such written demand of such deposit within six (6) months after termination of the tenancy, the deposit reverts to the landlord in consideration of the costs and burden of maintaining the escrow account, and the interest of the tenant in that deposit terminates at that time. 

    C. Upon cessation of a landlord's interest in the dwelling unit including, but not limited to, termination of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the person in possession of the tenants' damage or security deposits at his option or pursuant to court order shall, within a reasonable time: 

    1. Transfer said deposits to the landlord's successor in interest and notify the tenants in writing of such transfer and of the transferee's name and address; or 

    2. Return the deposits to the tenants. 

    D. Upon receipt of the transferred deposits under paragraph 1 of subsection C of this section, the transferee, in relation to such deposits, shall have all the rights and obligations of a landlord holding such deposits under this act. 

    E. If a landlord or manager fails to comply with this section or fails to return any prepaid rent required to be paid to a tenant under this act, the tenant may recover the damage and security deposit and prepaid rent, if any. 

    F. Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent. 

    G. This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this act. 

    Added by Laws 1978, c. 257, § 15, eff. Oct. 1, 1978. Amended by Laws 1980, c. 168, § 2, eff. Oct. 1, 1980; Laws 1981, c. 125, § 1. 

     

    §41116. Person to accept service or notice Identity of owner and manager Failure to comply with section. 

    A. As a part of any rental agreement the lessor shall prominently and in writing identify what person at what address is entitled to accept service or notice under this act. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: 

    1. The person or persons authorized to manage the premises; 

    2. The owner or owners of the premises; or 

    3. The name and address of a person authorized to act for and on behalf of the owner for the purpose of receipt of service of process and receiving and receipting for notices. 

    The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor owner, landlord or manager. 

    B. A person who fails to comply with this section becomes a landlord for the purposes of this act and an agent of each person who is otherwise a landlord for: 

    1. Receipt of service of process and receiving and receipting for notices and demands; and 

    2. Performing the obligations of a landlord under this act and under the rental agreement and expending and making available for the purpose all rents collected from the premises. 

    Added by Laws 1978, c. 257, § 16, eff. Oct. 1, 1978. 

     

    §41-117. Commencement of tenancy - Delivery of possession - Wrongful possession - Limitations on use - Rights regarding occupants - Reasonable occupancy limitation. 

    A. At the commencement of the term a landlord shall deliver full possession of the premises to the tenant in compliance with the rental agreement and Section 118 of this title. Except as otherwise provided in this act, the landlord may bring an action for possession against any other person wrongfully in possession and may recover his damages. 

    B. A rental agreement may provide reasonable limitations upon use of a dwelling unit or premises by a tenant or occupant. A landlord shall have the right to demand that an occupant vacate the dwelling unit or the premises or both if such occupant breaches any condition of the rental agreement which would be enforceable against the tenant. If a landlord makes a written request to the tenant or to the occupant for the occupant to depart from the dwelling unit or the premises or both, the occupant shall comply. If the occupant wrongfully fails to comply within a reasonable time, the occupant shall, upon conviction, be deemed guilty of a trespass and may be punished by a fine of not to exceed Five Hundred Dollars ($500.00) or by confinement in the county jail for a period not to exceed thirty (30) days or by both such fine and imprisonment. 

    C. An occupancy limitation of two (2) persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state. The two-person limitation shall not apply to a child or children born to the tenants during the course of the lease. 

    Added by Laws 1978, c. 257, § 17, eff. Oct. 1, 1978. Amended by Laws 1995, c. 149, § 3, eff. Nov. 1, 1995. 

     

    §41118. Duties of landlord and tenant. 

    A. A landlord shall at all times during the tenancy: 

    1. Except in the case of a singlefamily residence, keep all common areas of his building, grounds, facilities and appurtenances in a clean, safe and sanitary condition; 

    2. Make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition; 

    3. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, airconditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him; 

    4. Except in the case of one or twofamily residences or where provided by a governmental entity, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for the frequent removal of such wastes; and 

    5. Except in the case of a singlefamily residence or where the service is supplied by direct and independently metered utility connections to the dwelling unit, supply running water and reasonable amounts of hot water at all times and reasonable heat. 

    B. The landlord and tenant of a dwelling unit may agree by a conspicuous writing independent of the rental agreement that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling. 

    Added by Laws 1978, c. 257, § 18, eff. Oct. 1, 1978. 

     

    §41119. Conveyance of property Attornment of tenant. 

    A. A conveyance of real estate, or of any interest therein, by a landlord shall be valid without the attornment of the tenant, but the payment of rent by the tenant to the grantor at any time before written notice of the conveyance is given to the tenant shall be good against the grantee. 

    B. The attornment of a tenant to a stranger shall be void, and shall not affect the possession of the landlord unless it is made with the consent of the landlord, or pursuant to a judgment at law, or the order or decree of a court. 

    C. Unless otherwise agreed and except as otherwise provided in this act, upon termination of the owner's interest in the dwelling unit including, but not limited to, terminations of interest by sale, assignment, death, bankruptcy, appointment of a receiver or otherwise, the owner is relieved of all liability under the rental agreement and of all obligations under this act as to events occurring subsequent to written notice to the resident of the termination of the owner's interest. The successor in interest to the owner shall be liable for all obligations under the rental agreement or under this act. Upon receipt by a resident of written notice of the termination of the owner's interest in the dwelling unit, a resident shall pay all future rental payments, when due, to the successor in interest to the owner. 

    D. Unless otherwise agreed and except as otherwise provided in this act, a manager of premises that includes a dwelling unit is relieved of liability under a rental agreement and this act as to events occurring after written notice to the tenant of the termination of his management. 

    Added by Laws 1978, c. 257, § 19, eff. Oct. 1, 1978. 

     

    §41120. Failure of landlord to deliver possession of dwelling unit to tenant. 

    A. If the landlord fails to deliver possession of the dwelling unit to the tenant, rent abates until possession is delivered and the tenant may terminate the rental agreement by giving a written notice of such termination to the landlord, whereupon the landlord shall return all prepaid rent and deposit, or the tenant may, at his option, demand performance of the rental agreement by the landlord and maintain an action for possession of the dwelling unit against any person wrongfully in possession and recover the actual damages sustained by him. 

    B. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than twice the monthly rental as specified in the rental agreement, computed and prorated on a daily basis, for each month, or portion thereof, that said person wrongfully remains in possession. 

    Added by Laws 1978, c. 257, § 20, eff. Oct. 1, 1978. 

     

    §41121. Landlord's breach of rental agreement Deductions from rent for repairs Failure to supply heat, water or other essential services Habitability of dwelling unit. 

    A. Except as otherwise provided in this act, if there is a material noncompliance by the landlord with the terms of the rental agreement or a noncompliance with any of the provisions of Section 18 of this act which noncompliance materially affects health or safety, the tenant may deliver to the landlord a written notice specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within fourteen (14) days, and thereafter the rental agreement shall so terminate as provided in the notice unless the landlord adequately remedies the breach within the time specified. 

    B. Except as otherwise provided in this act, if there is a material noncompliance by the landlord with any of the terms of the rental agreement or any of the provisions of Section 18 of this act which noncompliance materially affects health and the breach is remediable by repairs, the reasonable cost of which is less than One Hundred Dollars ($100.00), the tenant may notify the landlord in writing of his intention to correct the condition at the landlord's expense after the expiration of fourteen (14) days. If the landlord fails to comply within said fourteen (14) days, or as promptly as conditions require in the case of an emergency, the tenant may thereafter cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, deduct from his rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection, in which event the rental agreement shall not terminate by reason of that breach. 

    C. Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 of this act, the landlord willfully or negligently fails to supply

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